Wednesday, March 18, 2009

Church Amendment

The second conscience provision in the Church Amendment prohibits any entity that receives a grant, contract, loan, or loan guarantee under certain Department-implemented statutes from discriminating against physician or other health care personnel in employment, promotion, determination of employment, or the extension of staff or other privileges because the individual "performed or assisted in the performance of a lawful sterilization or abortion, because he refused to perform or assist in the performance of such a procedure or abortion, on the grounds that his performance or assistance in the procedure or abortion would be contrary to his religious beliefs or convictions, or because of his religious beliefs or moral convictions respecting sterilization or abortions.

In other words this is a very protective provision. Let's introduce the Weldon Amendment. This amendment was originally adopted as a section of the Labor-HHS Division of the 2005 Consolidated Appropriations Act, Public Law 108-447. And was re-adopted in each subsequent HHS Appropriations Act. The Weldon Amendment provides that none of the funds made available in this ACT may be made available to a Federal Agency or Program, or to a State or local government, if such agency, program, or government subjects any institutional or individual health-care entity to discrimination on the basis of that health-care entity does not provide, pay for, provide coverage of, or refer for abortion. It further defines "health-care entity to include an individual physician or other health-care professional, a hospital, a provider sponsored organization, an HMO, a health insurance plan, or any other kind of health-care facility, organization or plan.

It's obvious that Weldon may have to go too.

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